![]() tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matters addressed herein. Licensed to practice law in Indiana and Illinois. This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (you are the principal). No legal representation exists by virtue of this answer. Facts about the Statutory Power of Attorney Form in Nebraska (DC 6:12)Important Information. If your agent will have to deal with real estate assets, some states require. The laws of some of the states relating to power of attorney can be found at the following links. A durable Power of Attorney for finances must be signed, witnessed, and notarized. Law relating to power of attorney varies from state to state. If the lack of it invalidated a notary signature then we would have quite a problem! Power of attorney requirements vary by state, but typically are signed by the principal and need to be witnessed and notarized. This makes perfect sense in the age of digital and photographic reproductions of course, since they generally do not reveal a three dimensional stamp. I believe the use of an embossed seal is merely a custom at this juncture. Secondly, as for a notary signature that is complete in all respects except that it does not have a raised seal, I do not believe that is any longer a statutory requirement. It will also need to say who prepared the document, if that is the purpose of the instrument. To learn more about why a power of attorney should be notarized, or to find out about any services that Sidhu & Associates offers, please contact us at 60 or fill out a contact form on our website and we will get back to you as soon as we can.First off, the power of attorney does not need to be notarized in order to be valid, however, if it is not notarized then it can't be used to convey real estate, because the recorders will not record the document. At Sidhu & Associates, we are an Abbotsford notary who provides assistance in the entire process involved in creating a legally valid power of attorney document. A power of attorney has a high degree of authority over matters that are potentially life-changing, so having the document examined by an experienced and unbiased set of eyes can help to ensure that no mistakes are made and that your best interests are properly represented. When putting together a power of attorney, it is important to know the benefits of having a notary public aid in assembling the documents. In most other situations, a power of attorney will simply require the signatures of witnesses.ĭespite the fact that it is not always necessary to have a power of attorney notarized, it is always recommended. If the power of attorney allows for the sale or disposal of property, a notary will need to be involved. When Does a Power of Attorney Need to be Notarized?Īlthough it is not legally required to have a power of attorney notarized in most jurisdictions and situations, there are circumstances that will require notarization in order to make the document legally valid. A will is not required to be notarized but, it is best practice to. It is extremely common for powers of attorney to be created for individuals who are advancing in age or have a debilitating mental or medical condition. (Witnesses should not be persons who have been named as beneficiaries in the will.) 5. There are many reasons that a power of attorney might be drawn up if somebody is going to be out of the country for an extended period of time, they might need somebody to handle property, banking, or business affairs on their behalf. What is a Power of Attorney?Ī power of attorney is a legally binding document that gives one person authority to act on behalf of another in financial and legal affairs. Knowing when a power of attorney needs to be notarized can be tricky, so we offer assistance to clients to ensure that their document is valid. When putting together a power of attorney, it is important to know the benefits of having a notary public aid in assembling the documents.
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